Common use of Title to Collateral Clause in Contracts

Title to Collateral. The Borrower has good and marketable title to, and is the holder of all of the interests in, all of the Collateral given as security to the Lender, free and clear of all pledges, liens, security interests or other encumbrances. The Borrower and Guarantor will warrant and defend the Collateral against the claims and demands of all persons.

Appears in 2 contracts

Samples: Credit Agreement (Transit Group Inc), Credit Agreement (Transit Group Inc)

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Title to Collateral. The Borrower has good and marketable title to, and is to all the holder of all of the interests in, all of the Collateral given as security to the LenderCollateral, free and clear of all pledges, liens, liens excepting only the security interests created pursuant to this Agreement or other encumbrances. The Borrower and Guarantor will warrant and defend permitted pursuant to the Collateral against the claims and demands of all personsCredit Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Redhook Ale Brewery Inc), Credit Agreement (Redhook Ale Brewery Inc)

Title to Collateral. The Borrower has good good, indefeasible and marketable merchantable title to, to and is the holder of all ownership of the interests in, all of the Collateral given as security to the LenderCollateral, free and clear of all pledgesliens, liensclaims, security interests or other and encumbrances. The Borrower and Guarantor will warrant and defend , except for the Collateral against the claims and demands of all personsPermitted Liens.

Appears in 2 contracts

Samples: Loan and Security Agreement (Total Apparel Group , Inc.), Loan and Security Agreement (United American Healthcare Corp)

Title to Collateral. The Borrower has good represents and marketable title to, and warrants that it is the holder of all of the interests in, all owner of the Collateral given as security and has good, valid, marketable and insurable title to the LenderCollateral, free and clear of all pledges, liens, security interests or interests, and other encumbrances. The Borrower and Guarantor will warrant and defend the Collateral against the claims and demands encumbrances except for those in favor of all personsLender.

Appears in 2 contracts

Samples: Security Agreement (Cv Therapeutics Inc), Security Agreement (Cv Therapeutics Inc)

Title to Collateral. The Borrower has has, or will have, good and marketable title to, and is the holder of to all of the interests in, all of the Collateral given as security to the LenderCollateral, free and clear of all pledges, liensany lien, security interest, charge, or encumbrance except for the security interests created by this Agreement or any other Loan Document or otherwise created in favor of Lender. No financing statement or other encumbrances. The Borrower and Guarantor will warrant and defend instrument similar in effect covering all or any part of the Collateral against the claims and demands is on file in any filing or recording office, except such as may have been filed in favor of all personsLender.

Appears in 1 contract

Samples: Loan Agreement (Silverleaf Resorts Inc)

Title to Collateral. The Borrower has good and marketable title to, and is the holder of all of the interests in, all of the Collateral given as security to the LenderCollateral, free and clear of all pledgesany liens, lienscharges, encumbrances, security interests and adverse claims whatsoever except those in favor of the Senior Lender or other encumbrances. The Borrower and Guarantor will warrant and defend the Collateral against the claims and demands of all persons.Lender or as described on attached Exhibit B.

Appears in 1 contract

Samples: Term Loan Agreement (Mity Lite Inc)

Title to Collateral. The Borrower has good and marketable title to, and is the holder of all of the interests in, all of the Collateral given as security to the LenderCollateral, free and clear of all pledgessubject to no lien, liens, security interests charge or encumbrance other encumbrances. The Borrower and Guarantor will warrant and defend than Permitted Liens (as defined in the Collateral against the claims and demands of all personsSecurity Agreement).

Appears in 1 contract

Samples: Loan Agreement (Peoples Educational Holdings)

Title to Collateral. The Borrower has good and marketable title to, and is the holder of all of the interests in, all of the Collateral given as security to the LenderCollateral, free and clear of all pledgesliens and encumbrances of every nature whatsoever (other than security interest in favor of Bank), liens, and has full power and authority to enter into and deliver the Deposit Account Pledge and to grant Bank a first in priority security interests or other encumbrances. The Borrower interest in and Guarantor will warrant and defend to the Collateral against to Bank as security for the claims and demands of all personsLiabilities.

Appears in 1 contract

Samples: Loan and Line of Credit Agreement (Green Dot Corp)

Title to Collateral. The Borrower has good and marketable title to, and is the holder of all of the interests in, to all of the Collateral given as security to the Lender, Lender free and clear of all mortgages, pledges, liens, security interests or other encumbrancesencum­ brances except as may appear on the Commitment for Title Insurance approved by Lxxxxx's counsel. The Borrower and Guarantor will warrant and defend the Collateral against the claims and demands of all persons.

Appears in 1 contract

Samples: Loan Agreement (HCW Biologics Inc.)

Title to Collateral. The Borrower has good and marketable title to, and is the holder of to all of the interests in, all of the Collateral given as security to the LenderCollateral, free and clear of all pledgesany mortgage, lienspledge, security interests lien, encumbrance or other encumbrances. The Borrower and Guarantor will warrant and defend charge of any nature whatsoever, except the Collateral against pledge created by this Agreement in favor of the claims and demands of all personsCompany.

Appears in 1 contract

Samples: Amended And (Novavax Inc)

Title to Collateral. The Borrower has and shall have at all times good and marketable title to, and is the holder of all of the interests in, to all of the Collateral given as and none of the Collateral is subject to any security interest except for (a) the security interest created pursuant to the Lender, free this Agreement; and clear of all pledges, liens, (b) any other security interests or other encumbrances. The Borrower and Guarantor will warrant and defend the Collateral against the claims and demands of all personsexpressly consented to in writing by Bank.

Appears in 1 contract

Samples: Security Agreement (Ballistic Recovery Systems Inc)

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Title to Collateral. The Borrower is the owner of the Collateral and has good and marketable title to, and is the holder of all of the interests in, all of to the Collateral given as security to the Lender, free and clear of all pledges, liens, security interests or interests, and other encumbrances. The Borrower encumbrances except for those in favor of Lender and Guarantor will warrant and defend the Collateral against the claims and demands of all personsthose previously disclosed in writing to Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Tactical Solution Partners, Inc.)

Title to Collateral. The Borrower has good and marketable title to, and is the holder of all of the interests in, to all of the Collateral given as security to the Lender, free and clear none of all pledges, liens, security interests or other encumbrances. The Borrower and Guarantor will warrant and defend the Collateral against is subject to any security interest except for the claims security interest created pursuant to this Agreement, Permitted Encumbrances, and demands of all personsexcept as disclosed on Exhibit A attached hereto.

Appears in 1 contract

Samples: Security Agreement (Clearfield, Inc.)

Title to Collateral. The Borrower has good and marketable title to, and is the holder of to all of the interests inCollateral, all of the Collateral given as security subject to the Lender, free and clear of all pledges, liens, security interests or other encumbrances. The Borrower and Guarantor will warrant and defend the Collateral against the claims and demands of all personsno Lien except those Liens specifically permitted by this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Boddie Noell Properties Inc)

Title to Collateral. The Borrower has good and marketable title to, and is the holder of all of the interests in, to all of the Collateral given as security and none of the Collateral is subject to any lien, except for (i) the Lender, free and clear of all pledges, liens, security interests or other encumbrances. The Borrower set forth in Exhibit A attached hereto, and Guarantor will warrant and defend (ii) the Collateral against the claims and demands of all personssecurity interests created in connection with this Security Agreement.

Appears in 1 contract

Samples: Security Agreement (Bev Tyme Inc)

Title to Collateral. The Each Borrower has good and marketable title to, and is the holder of all of the interests in, to all of the Collateral given as security pledged by it and none of the Collateral is subject to any Security Interest except for the Security Interests created pursuant to the Lender, free Loan Documents and clear of all pledges, liens, security interests or other encumbrances. The Borrower and Guarantor will warrant and defend the Collateral against the claims and demands of all personsPermitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Sunrise Resources Inc\mn)

Title to Collateral. The Borrower owns outright, and has good and marketable title to, and is the holder of all of the interests in, all of the Collateral given as security to the Lender, free and clear of all liens, pledges, liensmortgages, security interests interests, conditional sales contracts or other encumbrances. The Borrower and Guarantor will warrant and defend encumbrances or conflicting claims of any nature whatsoever, except as otherwise disclosed in the Collateral against the claims and demands of all personsAcquisition Agreement.

Appears in 1 contract

Samples: Loan Agreement (Entrade Inc)

Title to Collateral. The Except for the security interests granted to Lender pursuant to this Security Agreement, Borrower has is the sole owner of each item of the Collateral, having good and marketable title to, and is the holder of all of the interests in, all of the Collateral given as security to the Lenderthereto, free and clear of any and all pledgesliens, liensencumbrances, security interests or other encumbrances. The Borrower and Guarantor will warrant and defend the Collateral against the claims and demands of all personsothers.

Appears in 1 contract

Samples: Second Security Agreement (Janus American Group Inc)

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